ANKUR AGARWAL Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-2-6
HIGH COURT OF UTTARAKHAND
Decided on February 19,2013

Ankur Agarwal Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

V.K.BIST,J. - (1.) HEARD learned counsel for the parties.
(2.) ON 18.12.2012, four weeks' time was granted to the Brief Holder for the State for filing counter affidavit, but no counter affidavit has been filed till date. Petitioner applied for compassionate appointment under the Dying-In-Harness Rules. On 30.07.2003, claim of the petitioner for compassionate appointment was rejected on the ground of latches. Against the said rejection order, petitioner filed Writ Petition No.1174 of 2007 (S/S) before this Court. The said writ petition was decided on 10th September, 2008 by issuing direction to the respondents to reconsider the case of the petitioner for compassionate appointment under Dying-In- Harness Rules, keeping in view the financial condition of the petitioner, as and when the post is available, ignoring the earlier rejection of the claim of the petitioner. Operative portion of the judgment- dated 10.09.2008 passed by this Court is being reproduced below: "Admittedly at the time of death of his father the petitioner was minor and, therefore, his mother had moved an application for appointment under dying in harness rules, therefore, it cannot be said that the application had been moved with delay. The appointment under Dying in Harness Rules is compassionate appointment, therefore, the respondents are directed to reconsider the case of the petitioner for compassionate appointment under Dying in Harness Rules keeping in view the financial condition of the petitioner as and when the post is available ignoring the earlier rejection of the claim of the petitioner".
(3.) THE order passed by this Court was not challenged by the respondents and same became final. Thereafter, on 07.10.2009, again the claim of the petitioner for compassionate appointment under the Dying-In-Harness Rules has been rejected by the Director School Education, Uttarakhand on the ground of latches. This could not be done, as this Court, in its judgment-dated 10.09.2008, had clearly observed that it cannot be said that the application for compassionate appointment had been moved with delay. Therefore, the Director, School Education, Uttarakhand has not passed the order in correct manner. Consequently, the writ petition is allowed. Order dated 07.10.2009 passed by the respondent no.2 is quashed. The Director, School Education, Uttarakhand is directed to decide the matter of the petitioner for compassionate appointment under the Dying-In-Harness Rules afresh, in accordance with the judgment passed by this Court on 10.09.2008, within a period of three months from the date of production of a certified copy of the order.;


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